Corte costituzionale 56/2015 (new conditions on existing concessionaires): Allegations, Court Orders and Status

What this case is about

Sentenza n. 56/2015 (ECLI:IT:COST:2015:56) is a ruling of the Italian Corte costituzionale in the dispute B Plus Giocolegale Ltd v Amministrazione autonoma dei monopoli di Stato. The question came from the Consiglio di Stato by order of 23 September 2013.

B Plus, an operator party to the main proceedings, challenged the 2011 Stability Law (art. 1, paragraphs 77 to 79 of Law 220/2010).

The question was whether paragraph 79, read with paragraphs 77 and 78, may impose new requirements on existing online gaming concessionaires through an addendum. The operator relied on Arts. 3, 41(1) and 42(3) of the Constitution (equality, economic freedom and property).

It is one of the licensing and administrative court cases tracked here.

Who is covered

The ruling affects online gaming concessionaires in Italy whose existing concessions were rewritten by the 2011 conditions. The defending authority was the Amministrazione autonoma dei monopoli di Stato. The bench was led by President Alessandro Criscuolo, with Daria de Pretis as the drafting judge.

Players are not a party. For other Italian rulings, see gambling lawsuits in Italy.

Is there a payout?

No payout exists in this case. It is a constitutional review of a statute, and the record shows no fund, damages or claim process for players.

There is no claim deadline, and no administrator.

What the court decided

The Corte costituzionale decided the case at its hearing of 10 March 2015 and deposited the judgment on 31 March 2015. As of 14 November 2026 the ruling is final on the constitutional question.

The operative part declares the question unfounded. The Court held that the legislature may rebalance existing gaming concessions in the public interest without violating equality, economic freedom or property.

The case did not end the dispute. The Consiglio di Stato then referred the EU-law side to Luxembourg, which led to the Court of Justice case Global Starnet (C-322/16).

Why it matters

The ruling gives the Italian legislature room to change the terms of existing gaming concessions after they are granted, as long as the change serves the public interest. Operators cannot rely on the constitutional guarantees of equality, economic freedom or property to freeze the concession terms.

It is also the first step in a national and EU line of authority. Other cases in which operators against regulators and states test concession terms can be found in the category hub.

Questions people ask

What did the Italian Constitutional Court decide in judgment 56/2015?

It declared the constitutional question unfounded. The legislature may rebalance existing gaming concessions in the public interest without violating equality, economic freedom or property.

When was judgment 56/2015 issued?

The Court decided the case on 10 March 2015 and deposited the judgment on 31 March 2015, after the Consiglio di Stato referred the question by order of 23 September 2013.

What happened after the constitutional ruling?

The Consiglio di Stato referred the EU-law questions to the Court of Justice, which ruled on 20 December 2017 in case C-322/16.

Related cases

• Global Starnet: the Court of Justice reference (C-322/16) that followed this ruling on the EU-law side.
• Ten gaming-machine network concessionaires: a separate Italian case against concessionaires including Bplus/Global Starnet.